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Holding: Recommendations in the Special Master’s First Interim Report concluding that the escheatment of certain financial instruments relevant to this case should follow the Federal Disposition Act are adopted to the extent they are consistent with the court’s opinion, and Delaware’s objections are overruled.
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Issue(s): Whether the U.S. Court of Appeals for the 9th Circuit set forth the proper test for determining whether wetlands are "waters of the United States" under the Clean Water Act, 33 U.S.C. § 1362(7).
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Issue(s): Whether the state of Alabama’s 2021
redistricting plan for its seven seats in the United States
House of Representatives violated Section 2 of the Voting Rights Act.
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Holding: The effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.
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Issue(s): (1) Whether allegations that a state law has dramatic
economic effects largely outside of the state and requires pervasive changes to an integrated nationwide
industry state a violation of the dormant commerce
clause, or whether the extraterritoriality principle
described in the Supreme Court’s decisions is now a dead letter; and (2) whether such allegations, concerning a law that
is based solely on preferences regarding out-of-state
housing of farm animals, state a claim under Pike v. Bruce
Church, Inc.
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Issue(s): Whether the statute of
limitations for a 42 U.S.C. § 1983 claim seeking DNA testing of
crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any
appeals (as the U.S. Court of Appeals for the 11th Circuit has held), or whether
it begins to run at the moment the state trial court
denies DNA testing, despite any subsequent appeal
(as the U.S. Court of Appeals for the 5th Circuit, joining the U.S. Court of Appeals for the 7th Circuit, held
below).
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Holding: Respondent Michael Hewitt was not an executive exempt from the Fair Labor Standards Act’s overtime pay guarantee; daily-rate workers, of whatever income level, qualify as paid on a salary basis only if the conditions set out in 29 C.F.R. § 541.604(b) are met.
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Issue(s): Whether a work of art is “transformative” when it
conveys a different meaning or message from its
source material (as the Supreme Court, U.S. Court of Appeals for the 9th Circuit, and
other courts of appeals have held), or whether a court
is forbidden from considering the meaning of the
accused work where it “recognizably deriv[es] from”
its source material (as the U.S. Court of Appeals for the 2nd Circuit has held).
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Issue(s): (1) Whether the Supreme Court should overrule Grutter v. Bollinger and hold that institutions of
higher education cannot use race as a factor in admissions; and (2) whether a university can reject a race-neutral alternative because it would change the composition of the
student body, without proving that the alternative
would cause a dramatic sacrifice in academic quality
or the educational benefits of overall student-body diversity.
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Students for Fair Admissions Inc. v. President & Fellows of Harvard College,
No. 20-1199
[Arg: 10.31.2022]
Issue(s): (1) Whether the Supreme Court should overrule Grutter v. Bollinger and hold that institutions of
higher education cannot use race as a factor in admissions; and (2) whether Harvard College is violating Title VI of the Civil Rights Act by penalizing Asian American applicants, engaging in racial balancing, overemphasizing
race and rejecting workable race-neutral alternatives.
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Issue(s): Whether federal inmates
who did not — because established circuit precedent
stood firmly against them — challenge their convictions
on the ground that the statute of conviction did not
criminalize their activity may apply for habeas relief
under 28
U.S.C § 2241 after the Supreme Court later makes clear in a
retroactively applicable decision that the circuit
precedent was wrong and that they are legally
innocent of the crime of conviction.
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Holding: The Arizona Supreme Court’s holding below — that Lynch v. Arizona did not represent a “significant change in the law” for purposes of permitting John Montenegro Cruz to file a successive petition for state postconviction relief under Arizona Rule of Criminal Procedure 32.1(g) — is not an adequate state-law ground supporting that judgment.
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Holding: The Bank Secrecy Act's $10,000 maximum penalty for the nonwillful failure to file a compliant report accrues on a per-report, not a per-account, basis.
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Issue(s): Whether a federal district court has jurisdiction to
hear a suit in which the respondent in an ongoing Securities and Exchange Commission administrative proceeding seeks to enjoin that proceeding, based on an alleged constitutional defect in the statutory provisions
that govern the removal of the administrative law judge
who will conduct the proceeding.
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Issue(s): Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to “affirm, enforce, modify, or set aside” the commission’s cease-and-desist orders.
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Issue(s): Whether the due process clause of the 14th Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction to do business in the state.
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Issue(s): (1) Whether, in light of compelling historical
evidence to the contrary, the Supreme Court should reexamine
its holding that spending clause legislation gives rise
to privately enforceable rights under 42 U.S.C. § 1983; and (2) whether, assuming spending clause statutes
ever give rise to private rights enforceable via Section
1983, the Federal Nursing Home Amendments Act of 1987’s transfer and medication rules do so.
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Issue(s): (1) Whether various provisions of the Indian Child Welfare Act of
1978 — namely,
the minimum standards of Section 1912(a), (d), (e), and (f);
the placement-preference provisions of Section 1915(a)
and (b); and the recordkeeping provisions of Sections
1915(e) and 1951(a) — violate the anticommandeering doctrine of the 10th Amendment; (2) whether the individual plaintiffs have Article III
standing to challenge ICWA’s placement preferences
for “other Indian families” and for
“Indian foster home[s]”; and (3) whether Section 1915(a)(3) and (b)(iii) are rationally related to legitimate governmental interests and
therefore consistent with equal protection.
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Issue(s): Whether the U.S. Court of Appeals for the 2nd Circuit’s “right to control”
theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s
economic decision as a species of property fraud —
states a valid basis for liability under the federal wire
fraud statute.
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Issue(s): Whether a private citizen who holds no elected office or
government employment, but has informal political or
other influence over governmental decisionmaking,
owes a fiduciary duty to the general public such that he
can be convicted of honest-services fraud.
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Issue(s): (1) Whether state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; (2) whether the Guidelines are contrary to 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231(a), or otherwise violate the Administrative Procedure Act; and (3) whether 8 U.S.C. § 1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the guidelines under 5 U.S.C. § 706(2).
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Holding: The Quiet Title Act's 12-year statute of limitations is a nonjurisdictional claims-processing rule.
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Issue(s): Whether Bankruptcy Code Section 363(m) limits
the appellate courts’ jurisdiction over any sale order or
order deemed “integral” to a sale order, such that it is
not subject to waiver, and even when a remedy could
be fashioned that does not affect the validity of the sale.
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Issue(s): Whether applying a public-accommodation law
to compel an artist to speak or stay silent violates
the free speech clause of the First
Amendment.
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Issue(s): Whether the government has authority to dismiss a
False Claims Act suit after initially declining to proceed with the action, and what standard applies if the government has that
authority.
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Holding: Pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, a debtor like Kate Bartenwerfer who is liable for her partner’s fraud cannot discharge that debt in bankruptcy, regardless of her own culpability.
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Issue(s): Whether a state’s judicial branch may nullify the
regulations governing the “Manner of holding
Elections for Senators and Representatives ...
prescribed ... by the Legislature thereof,” and replace them with regulations of
the state courts’ own devising, based on vague state
constitutional provisions purportedly vesting the state
judiciary with power to prescribe whatever rules it
deems appropriate to ensure a “fair” or “free” election.
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Ohio Adjutant General’s Department v. Federal Labor Relations Authority,
No. 21-1454
[Arg: 1.9.2023]
Issue(s): Whether the Civil Service Reform Act of 1978, which empowers the Federal Labor Relations Authority to regulate the labor practices of federal agencies only, empower it to regulate the labor practices of state militias.
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Issue(s): Whether a communication involving both legal and
non-legal advice is protected by attorney-client privilege when obtaining or providing legal advice was one
of the significant purposes behind the communication.
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Issue(s): Whether the National Labor Relations Act impliedly preempts a state tort claim against a union for intentionally destroying an employer's property in the course of a labor dispute.
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Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo,
No. 22-96
[Arg: 1.11.2023]
Issue(s): Whether the Puerto Rico Oversight, Management, and Economic Stability Act’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under PROMESA abrogate the Board’s sovereign immunity with respect to all federal and territorial claims.
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Issue(s): Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18
U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act.
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Issue(s): Whether the court of appeals correctly determined that 8 U.S.C. 1252(d)(1) prevented the court from reviewing petitioner's claim that the Board of Immigration Appeals engaged in impermissible factfinding because petitioner had not exhausted that claim through a motion to reconsider.
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Holding: An Americans with Disabilities Act lawsuit seeking compensatory damages for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act because the remedy sought is not one IDEA provides.
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Issue(s): Whether Section 230(c)(1) of the Communications Decency
Act immunizes interactive
computer services when they make targeted
recommendations of information provided by
another information content provider, or only
limits the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to
display or withdraw) with regard to such information.
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Issue(s): (1) Whether a defendant that provides generic,
widely available services to all its numerous users and
“regularly” works to detect and prevent terrorists from
using those services “knowingly” provided substantial
assistance under 18 U.S.C. § 2333 merely because it allegedly could have taken more “meaningful” or “aggressive” action to prevent such use; and (2) whether a defendant whose generic, widely
available services were not used in connection with the
specific “act of international terrorism” that injured the
plaintiff may be liable for aiding and abetting under
Section 2333.
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Issue(s): Whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense.
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Issue(s): (1) Whether six states have Article III standing to challenge the Department of Education's student-debt relief plan; and (2) whether the plan exceeds the secretary of education's statutory authority or is arbitrary and capricious.
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Issue(s): (1) Whether two student-loan borrowers have Article III standing to challenge the Department of Education's student-debt relief plan; and (2) whether the department's plan is statutorily authorized and was adopted in a procedurally proper manner.
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Issue(s): Whether the Supreme Court should issue declaratory judgment and/or enjoin New Jersey from withdrawing from its Waterfront Commission Compact with New York, which grants the Waterfront Commission of New York
Harbor broad regulatory and law-enforcement powers over all operations at the Port of New York and New Jersey.
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Issue(s): Whether the federal criminal prohibition against
encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in violation
of 8 U.S.C. § 1324(a)(1)(A)(iv) and (B)(i), is facially unconstitutional on First Amendment overbreadth grounds.
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Issue(s): (1) Whether the opinion of the U.S. Court of Appeals for the 9th Circuit, allowing the
Navajo Nation to proceed with a claim to enjoin the secretary of the U.S. Department of the Interior to develop a plan to meet the Navajo Nation’s water needs and manage the mainstream of the Colorado River in the Lower Basin so as not to interfere with that plan, infringes upon the Supreme Court’s retained and exclusive jurisdiction over the allocation of
water from the LBCR mainstream in Arizona v. California; and (2) whether the Navajo Nation can state a cognizable claim for
breach of trust consistent with the Supreme Court’s holding in
United States v. Jicarilla Apache Nation based solely on unquantified implied rights to
water under the doctrine of Winters
v. United States.
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Issue(s): Whether a non-frivolous appeal of the denial of a motion to compel arbitration ousts a district court’s jurisdiction to proceed with litigation pending appeal.
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Issue(s): Whether the U.S. Court of Appeals for the 10th Circuit erred in applying the Lanham Act, which provides civil remedies for infringement of U.S. trademarks, extraterritorially to Abitron Austria GmbH's foreign sales, including purely foreign sales that never reached the United States or confused U.S. consumers.
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Issue(s): (1) Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, 15 U.S.C. § 1125(a)(1), or instead receives heightened First Amendment protection from trademark-infringement claims; and (2) whether humorous use of another’s mark as one’s own on a commercial product is “noncommercial” and thus bars as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act, 15 U.S.C. § 1125(c)(3)(C).
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Issue(s): Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, or whether it must instead enable those skilled in the art “to reach the full scope of claimed embodiments” without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial “time and effort.”
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Issue(s): Whether 18 U.S.C. § 924(c)(1)(D)(ii), which provides
that “no term of imprisonment imposed … under this
subsection shall run concurrently with any other term
of imprisonment,” is triggered when a defendant is
convicted and sentenced under 18 U.S.C. § 924(j).
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Issue(s): Whether the proper remedy for the government’s
failure to prove venue is an acquittal barring re-prosecution of the offense, as the U.S. Courts of Appeals for the 5th and 8th
Circuits have held, or whether instead the
government may re-try the defendant for the same
offense in a different venue, as the U.S. Courts of Appeals for the 6th, 9th,
10th and 11th Circuits have held.
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Issue(s): Whether admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant
based on the surrounding context violates the defendant’s
rights under the confrontation clause of the Sixth
Amendment.
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Issue(s): Whether the exception in I.R.C. § 7609(c)(2)(D)(i) to the notice requirements for an Internal Revenue Service summons on third-party recordkeepers applies only when the delinquent taxpayer owns or has a legal interest in the summonsed records, as the U.S. Court of Appeals for the 9th Circuit has held, or whether the exception applies to a summons for anyone’s records whenever the IRS thinks that person’s records might somehow help it collect a delinquent taxpayer’s liability, as the U.S. Courts of Appeals for the 6th and 7th Circuits have held.
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Issue(s): Whether Sections 11 and 12(a)(2) of the Securities Act of 1933 require plaintiffs to plead and prove that they bought shares registered under the registration statement they claim is misleading.
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Issue(s): To qualify as “an offense relating to obstruction of justice,” 8 U.S.C. § 1101(a)(43)(S), must a predicate offense require a nexus with a pending or ongoing investigation or judicial proceeding?
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Issue(s): (1) Whether the court should disapprove the more-than-de-minimis-cost test for refusing religious accommodations under Title VII of the Civil Rights Act of 1964 stated in Trans World Airlines, Inc. v. Hardison; and (2) whether an employer may demonstrate “undue hardship on the conduct of the employer’s business” under Title VII merely by showing that the requested accommodation burdens the employee’s coworkers rather than the business itself.
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Issue(s): Whether and when a defendant’s contemporaneous
subjective understanding or beliefs about the lawfulness
of its conduct are relevant to whether it “knowingly”
violated the False Claims Act.
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Issue(s): Whether, to establish that a statement is a "true
threat" unprotected by the First Amendment, the
government must show that the speaker subjectively
knew or intended the threatening nature of the
statement, or whether it is enough to show that an
objective "reasonable person" would regard the
statement as a threat of violence.
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Issue(s): Whether the Bankruptcy Code expresses unequivocally Congress’ intent to abrogate the sovereign immunity of Indian tribes.
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Issue(s): Whether to preserve the issue for appellate review a
party must reassert in a post-trial motion a purely legal
issue rejected at summary judgment.
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Issue(s): Whether a foreign plaintiff states a cognizable civil claim under the Racketeer Influenced and Corrupt Organizations Act when it suffers an injury to intangible property, and if so, under what circumstances.
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Issue(s): (1) Whether taking and selling a home to satisfy a
debt to the government, and keeping the
surplus value as a windfall, violates the
Fifth Amendment's takings clause; and (2) whether the forfeiture of property worth far
more than needed to satisfy a debt, plus
interest, penalties, and costs, is a fine within
the meaning of the Eighth Amendment.
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Issue(s): Whether the State applicants may intervene to challenge the District Court’s summary judgment order.
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